Developmental Products Sample Clauses

Developmental Products. Either Party may propose a Developmental Product through its Relationship Manager to the other Party’s Relationship Manager. The Relationship Managers shall in good faith consider the advisability of establishing cooperation between the Parties with respect to the development and commercialization of such proposed Developmental Product. Any such cooperation shall be subject to a separate written agreement between the Parties.
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Developmental Products. Following the Closing Date, Purchaser shall use commercially reasonable efforts to obtain reimbursement from the RMA for developmental costs incurred by Sellers related to the insurance products known as GRIP, TimberPlus, and Sugar Beets Plus as of the date of this Agreement. Purchaser will transfer to Sellers promptly after the receipt by Purchaser of any funds received from the RMA on account of such products (or any of them), and whether on account of developmental cost reimbursement, royalties, or otherwise, an amount equal to the sum of (i) any such reimbursement it receives from the RMA minus (ii) the amount determined by multiplying the amount of time actually spent by Purchaser to seek and obtain such reimbursement times $75 per hour or any fraction thereof, until such time as the gross aggregate amount transferred by Purchaser to Sellers equals $190,000. After payment to Sellers of an aggregate gross amount of $190,000 pursuant to this Section 5,18, and except as specifically set forth in this Section 5.18, all of Sellers' and Shareholders' right, title and interest in and to insurance products developed completely or partially for submission to RMA or any other purpose in conjunction with the Business shall be the exclusive property of Purchaser, including without limitations the right to future payments for maintaining royalties or otherwise.
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Developmental Products. Developmental Products (as determined by Seller in its sole discretion) are warranted by Seller for a period of thirty (30) days from the date of delivery Upon any failure of a Developmental Product to comply with the above warranty, Seller’s sole obligation, and Buyer’s sole remedy, is for Seller, at Seller’s sole option to replace the non-conforming Developmental Product or refund the purchase price paid by Buyer for the non-conforming Developmental Product in the form of a credit to Xxxxx’s account. (c)
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Developmental Products. The following special provisions apply to the sale of any of Seller’s developmental Products:
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Developmental Products. Nexell acknowledges and understands that ---------------------- Baxter has no obligation to manufacture any products for Nexell under this Agreement other than the Supplied Products. If Nexell requests that Baxter manufacture products other than the Supplied Products ("Developmental Products"), Baxter may, in its sole discretion, elect to manufacture such Developmental Products, subject to the terms and conditions set forth in this Agreement and such other terms and conditions as may be agreed upon by the parties.
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Developmental Products. 32 6.37 C Reorganization.............................................................32 6.38 No Other Warranties and Representations......................................33
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Developmental Products. The products listed on the Developmental Products Schedule ("DEVELOPMENTAL PRODUCTS") are transferred to Purchaser without any representation or warranty, including without limitation warranties of merchantability and fitness for a particular purpose, and Purchaser takes the Developmental Products "AS IS, WHERE IS AND WITH ALL FAULTS." For itself and its affiliates, successors, and assigns, Purchaser hereby waives any rights it may have or acquire to make any claim against Seller arising out of or relating to the Developmental Products or their performance or failure to perform, any Contract related to the Developmental Products (all of which Contracts are listed on the Contracts Schedule and are expressly assumed by Purchaser), or any damage the Developmental Products may cause to any third party after the Closing Date.
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Related to Developmental Products

  • Commercialization Intrexon shall have the right to develop and Commercialize the Reverted Products itself or with one or more Third Parties, and shall have the right, without obligation to Fibrocell, to take any such actions in connection with such activities as Intrexon (or its designee), at its discretion, deems appropriate.

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • Manufacturing (a) The Supplier shall without limitation be responsible, at no additional cost to the Purchaser, for: sourcing and procuring all raw materials for the Products; obtaining all necessary approvals, permits and licenses for the manufacturing of the Products; providing sufficient qualified staff and workers to perform the obligations under this Purchase Agreement; implementing and maintaining effective inventory and production control procedures with respect to the Products; and handling other matters as reasonably requested by the Purchaser from time to time.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

  • Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.

  • Development and Commercialization Subject to Sections 4.6 and 4.7, Fibrocell shall be solely responsible for the development and Commercialization of Fibrocell Products and Improved Products. Fibrocell shall be responsible for all costs incurred in connection with the Fibroblast Program except that Intrexon shall be responsible for the following: (a) costs of establishing manufacturing capabilities and facilities in connection with Intrexon’s manufacturing obligation under Section 4.6 (provided, however, that Intrexon may include an allocable portion of such costs, through depreciation and amortization, when calculating the Fully Loaded Cost of manufacturing a Fibrocell Product, to the extent such allocation, depreciation, and amortization is permitted by US GAAP, it being recognized that the majority of non-facilities scale-up costs cannot be capitalized and amortized under US GAAP); (b) costs of basic research with respect to the Intrexon Channel Technology and Intrexon Materials (i.e., platform improvements) but, for clarity, excluding research described in Section 4.7 or research requested by the JSC for the development of a Fibrocell Product or an Improved Product (which research costs shall be reimbursed by Fibrocell); (c) [*****]; and (d) costs of filing, prosecution and maintenance of Intrexon Patents. The costs encompassed within subsection (a) above shall include the scale-up of Intrexon Materials and related active pharmaceutical ingredients for clinical trials and Commercialization of Fibrocell Products undertaken pursuant to Section 4.6, which shall be at Intrexon’s cost whether it elects to conduct such efforts internally or through Third Party contractors retained by either Intrexon or Fibrocell (with Intrexon’s consent).

  • INDUSTRIAL PRODUCTS ARTICLE 3

  • Manufacturing License Subject to the terms of this Agreement, including without limitation Section 2.2, Theravance grants to GSK an exclusive license under the Theravance Patents and Theravance Know-How to make and have made API Compound or formulated Alliance Product in the Territory.

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